PATNA HIGH COURT ISSUES JUDGEMENT ON I.K. COLLEGE OF PHARMACY V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 25:

Heard the parties.

2. The Secretary of the College has invoked the jurisdiction of this Court seeking a direction upon the respondent authorities to take appropriate decision on the report submitted by the Expert Committee Constituted under the order contained in Memo No. 26(17) dated 08.01.2024, issued by the Officer on Special Duty, Health Department, Government of Bihar; in pursuant to which the Committee inspected the petitioner's college on 29.06.2024 and submitted its confidential report on 20.08.2024.

3. Mr. Prashant Sinha, learned Advocate for the petitioner submitted that despite the inspection of the College, in question, by a duly constituted Committee and submission of its report no action has been taken till date. Moreover, in absence of "No Objection Certificate" issued by the State Government, the petitioner's institution could not be allowed to run the courses of D. Pharm and B. Pharm for the academic Session 2023-24.

4. Learned Advocate for the petitioner has placed a copy of the Bihar Medical Education Institution (Regulation and Control) Act, 1981 (hereinafter referred to as the 'Act 1981') as well as Bihar State Engineering and Pharmacy Educational Institution (Regulation and Control) Act, 1982 (hereinafter referred to as the 'Act 1982').

5. Referring to Clause- 5 of both the Acts it is submitted that the respondent State authorities are under obligation to conduct inspection of the school, in question, preferably within a period of three months from the date of filing of completion report and in case the same could not be done, the period of inspection may be extended. After conducting inspection, the State authorities are duty bound to act upon the same. In the case in hand, the inspection was done long back on 29.06.2024 and the report has been submitted on 28.08.2024, but till date even after lapse of one year no action has been taken and thereby the petitioner's institution has been deprived from running their courses in absence of "No Objection Certificate", which is sine qua non for the purpose of affiliation of institution by the Pharmacy Council of India.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTAzMzgjMjAyNSMxI04=-KUxjxmJUJao=

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